ANAND DEEP SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Miscellaneous Petition No.1395 of 1990 filed under Article 226/227 of the Constitution of India, was allowed by the learned Single Judge by a final order dtd. 21/9/2006. Seeking to recall the said order, Miscellaneous Civil Case No.2049 of 2008 was filed by the respondents No.5, 6 and 7 under Chapter 2 Rule 10 of the High Court of Madhya Pradesh Rules, 2008, which was dismissed by the Division Bench of this Court vide order dtd. 19/11/2014. Questioning the same, Review Petition No.398 of 2015 was filed under Order XLVII Rule 1 of the C.P.C. seeking recall of the order dtd. 19/11/2014. Vide order dtd. 13/4/2018 passed by the Division Bench of this Court, the same was dismissed. Thereafter, the instant Review Petition is filed under Order XLVII Rule 1 of the C.P.C. seeking to review the order dtd. 13/4/2018 passed by the Division Bench of this Court in Review Petition No.398 of 2015. Mrs. Shobha Menon, learned Senior Counsel appearing for the review petitioners contends that gross error has occasioned and hence, the court has jurisdiction to entertain the same. That this petition has been filed seeking to review the earlier order. That on facts the review petitioners have a very good case and hence, the review petition requires to be considered.

(2.) An initial objection is raised by Mr. Amit Seth, learned Deputy Advocate General that in terms of Order XLVII Rule 9 of the Code of Civil Procedure a review of a review is not maintainable. However, the same is countered by Mrs. Shobha Menon, learned Senior Counsel who relies on a Division Bench judgment of this Court in the case of State of Madhya Pradesh and another vs. Jaswantpuri and others, reported in AIR 1989 Madhya Pradesh 115. She has also placed reliance on the judgment of Hon'ble Supreme Court in the case of Shivdev Singh and others vs. State of Punjab and others, reported in AIR 1963 SC 1909 as also on another Division Bench judgment of this Court in the case of Lakhanlal vs. The State of Madhya Pradesh, passed in Review Petition No.524 of 2016, decided on 3/3/2017.

(3.) Heard learned counsels. Firstly, the learned senior counsel has placed reliance on a specific portion of para 4 of the judgment in the case of Jaswantpuri (supra). The same reads as follows:-